Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Bernard v. The Bailie of Culross
Date: 14 November 1684
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The case of James Bernard, and the Bailie of Regality of Culross, was reported by Forret. Bernard being pursued there, for defaming his neighbour, and the libel being referred to his oath, he deponed negative; but, having omitted to sign his oath, an officer is sent after him, to bring him back again to the court, to see if he would sign it or not; who violently seizing on him by the elbows, a pin scratches the officer's cheek; he scarce felt it till he came up stairs; and, appearing before the Bailie, he asked him who had bled him, and he answering he knew not, he threatened him for colluding with the party, and presently fined Bernard in the sum of as guilty of a riot, blood, and deforcement of their officer.
This being suspended, the Lords annulled the bailie's decreet, as wanting probation, and assoilyied.
